The Town Board may, from time to time, on its own motion or
on petition or on recommendation from the Planning Board, amend the
regulations and districts established under this chapter after public
notice and hearing in each case. All petitions for any amendment of
the regulation or districts herein established shall be filed, in
writing, in a form required by the Town Board and shall be accompanied
by a certified check in an amount set from time to time by resolution
of the Town Board to help defray the cost of advertising the hearing
of said petition and incidental disbursements.
Every proposed amendment, unless initiated by the Planning Board,
shall be referred to the Planning Board. The Planning Board shall
report its recommendations thereon to the Town Board, accompanied
by a full statement of the reasons for such recommendations, prior
to the public hearing. If the Planning Board fails to report within
a period of 45 days from the date of receipt of notice or such longer
time as may have been agreed upon by it and the Town Board, the Town
Board may act without such report.
The Town Board, by resolution, shall fix the time and place
of the public hearing and cause notice to be given as follows:
A.Â
By publishing a notice of the proposed amendment and the time and
place of the public hearing in a newspaper of general circulation
in the Town not fewer than 10 days prior to the date of public hearing.
B.Â
By giving written notice of the hearing to any required municipal,
county, regional, metropolitan, state or federal agency in the manner
prescribed by law.
If a protest against the proposed amendment is presented to
the Town Board, duly signed and acknowledged by the owners of 20%
or more of the area of land included in such proposed amendment or
by the owners of 20% or more of the area of the land immediately adjacent
extending 500 feet therefrom, or by the owners of 20% or more of the
area of land directly opposite thereto extending 500 feet from the
street frontage of such opposite land, such amendment shall not be
passed except by the favorable vote of at least four members of the
Town Board.
The Planning Board, in accordance with Town Law § 278,
may, simultaneously with the approval of a plat, make any reasonable
change to the regulations established under this chapter with respect
to the land so platted. Before the Planning Board shall make any such
change, there shall be a public hearing preceded by the same notice
as in the case of the approval of the plat itself. Upon the filing
of the plat in the office of the County Clerk, such changes shall
be and become part of the regulations of this chapter, shall take
place of any regulations established herein by the Town Board, shall
be enforced in the same manner and shall be similarly subject to amendment.
